FCPA

Question 1

key rule to FCPA

Answer 1

it is illegal to offer
or provide anything
of value to a foreign
official to obtain or retain business

Question 2

2 components
of FCPA

Answer 2

1. Anti-bribery
   provisions
2. Accounting
   provisions

Question 3

4 things anti-bribery
provision prohibits

Answer 3

1. Offering
2. Promising
3. Paying
4. Authorizing

Question 4

5 elements of
an FCPA violation

Answer 4

1. Covered person
2. Payment or offer
3. Foreign official
4. Corrupt intent
5. Business purpose

Question 5

purpose of accounting
provisions

Answer 5

1. Promote
   transparency
2. Prevent hiding
   bribes

Question 6

2 requirements of
accounting provisions

Answer 6

1. Books & records -
   must accurately reflect
   all transactions
2. Internal controls -
   systems to prevent and
   detect improper payments

Question 7

FCPA violation
can occur without

Answer 7

proving
bribery

Question 8

(Enforcement - regulators)
DOJ - Criminal cases
SEC - civil cases

Answer 8

Penalties - individuals
up to $5 million, up to
20 years in prison
Penalties - companies
up to $25 million+

Question 9

FCPA => bribery
involving foreign officials

Answer 9

other schemes =>
internal/private sector

Question 10

(Scope)
who does FCPA apply to

Answer 10

1. US companies and
   individuals
2. Foreing issuers
3. Any act within the US
   to furthering a corrupt payment